Chapter 28B.116 RCW

FOSTER CARE ENDOWED SCHOLARSHIP PROGRAM

Sections

HTMLPDF 28B.116.005Findings.
HTMLPDF 28B.116.010Definitions.
HTMLPDF 28B.116.020Program createdDuties of the office of student financial assistance.
HTMLPDF 28B.116.030Award of scholarships.
HTMLPDF 28B.116.050Foster care endowed scholarship trust fund.
HTMLPDF 28B.116.060Foster care scholarship endowment fund.
HTMLPDF 28B.116.070State matching fundsTransfer of funds from trust fund to endowment fund.


Findings.

The legislature finds that children who grow up in the foster care system face many financial challenges. The legislature also finds that these financial challenges can discourage or prevent these children from pursuing a higher education. The legislature further finds that access to a higher education will give children who are in foster care hope for the future. Moreover, the legislature finds that financial assistance will help these children become successful, productive, contributing citizens and avoid cycles of abuse, poverty, violence, and delinquency.



Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Cost of attendance" means the cost associated with the attendance of the institution of higher education as determined by the office of student financial assistance, including but not limited to tuition, room, board, and books.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-three;
(b) Has been in foster care in the state of Washington for a minimum of six months since his or her fourteenth birthday;
(c) Is a student who demonstrates financial need, as defined in RCW 28B.92.030;
(d) Is a resident student, as defined in RCW 28B.15.012(2);
(e) Has entered or will enter an institution of higher education in Washington state within three years of high school graduation or having successfully completed his or her high school equivalency certificate as provided in RCW 28B.50.536;
(f) Is not pursuing a degree in theology; and
(g) Makes satisfactory progress towards the completion of a degree or certificate program.
(3) "Institution of higher education" means a college or university in the state of Washington that is accredited by an accrediting association recognized as such by rule of the student achievement council.
(4) "Office" means the office of student financial assistance.

NOTES:

FindingsIntent2019 c 406: See note following RCW 43.79.195.
FindingsShort title2019 c 406: See notes following RCW 28B.92.200.
Findings2019 c 406: See note following RCW 28B.94.020.
FindingsIntent2019 c 406: See note following RCW 28C.30.050.
FindingsIntent2019 c 406: See note following RCW 43.216.135.
Effective date2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.



Program createdDuties of the office of student financial assistance.

(1) The foster care endowed scholarship program is created. The purpose of the program is to help students who were in foster care attend an institution of higher education in the state of Washington. The foster care endowed scholarship program shall be administered by the office.
(2) In administering the program, the office's powers and duties shall include but not be limited to:
(a) Adopting necessary rules and guidelines; and
(b) Administering the foster care endowed scholarship trust fund and the foster care scholarship endowment fund.
(3) In administering the program, the office's powers and duties may include but not be limited to:
(a) Working with the department of social and health services and the superintendent of public instruction to provide information about the foster care endowed scholarship program to children in foster care in the state of Washington and to students over the age of sixteen who could be eligible for this program;
(b) Publicizing the program; and
(c) Contracting with a private agency to perform outreach to the potentially eligible students.

NOTES:

Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.
IntentEffective dateDisposition of property and fundsAssignment/delegation of contractual rights or duties2009 c 560: See notes following RCW 18.06.080.



Award of scholarships.

(1) The office may award scholarships to eligible students from the foster care scholarship endowment fund in RCW 28B.116.060, from funds appropriated to the student achievement council for this purpose, from any private donations, or from any other funds given to the office for the program.
(2) The office may award scholarships to eligible students from moneys earned from the foster care scholarship endowment fund created in RCW 28B.116.060, or from funds appropriated to the council for this purpose, or from any private donations, or from any other funds given to the office for this program. For an undergraduate student, the amount of the scholarship shall not exceed the student's demonstrated financial need. For a graduate student, the amount of the scholarship shall not exceed the student's demonstrated need; or the stipend of a teaching assistant, including tuition, at the University of Washington; whichever is higher. In calculating a student's need, the office shall consider the student's costs for tuition, fees, books, supplies, transportation, room, board, personal expenses, and child care. The student's scholarship awarded under this chapter shall not exceed the amount received by a student attending a state research university. A student is eligible to receive a scholarship for a maximum of five years. However, the length of the scholarship shall be determined at the discretion of the office.
(3) Grants under this chapter shall not affect eligibility for the state student financial aid program.

NOTES:

Effective date2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.



Foster care endowed scholarship trust fund.

(1) The foster care endowed scholarship trust fund is created in the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster care endowed scholarship trust fund shall be deposited in the foster care endowed scholarship trust fund. When conditions in RCW 28B.116.070 are met, the office shall deposit state matching moneys from the trust fund into the foster care scholarship endowment fund.
(3) No appropriation is required for expenditures from the trust fund.
(4) During the 2011-2013 fiscal biennium, the legislature may transfer from the foster care endowed scholarship trust fund to the state general fund such amounts as reflect the excess fund balance of the account.

NOTES:

Reviser's note: This section was amended by 2011 1st sp.s. c 11 § 217 and by 2011 1st sp.s. c 50 § 929, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.



Foster care scholarship endowment fund.

The foster care scholarship endowment fund is created in the custody of the state treasurer.
(1) Moneys received from the office, private donations, state matching moneys, and funds received from any other source may be deposited into the foster care scholarship endowment fund. Private moneys received as a gift subject to conditions may be deposited into the endowment fund if the conditions do not violate state or federal law. The investment of private moneys in the fund shall be managed by the state investment board.
(2) At the request of the office, the state investment board shall release earnings from the private moneys invested by it to the state treasurer.
(3) The office may disburse grants to eligible students from the foster care scholarship endowment fund. No appropriation is required for expenditures from the endowment fund.
(4) When notified by court order that a condition attached to a gift of private moneys from the foster care scholarship endowment fund has failed, the office shall release those moneys to the donors according to the terms of the conditional gift.
(5) The principal of the foster care scholarship endowment fund shall not be invaded. For the purposes of this section, only the first twenty-five thousand dollars deposited into the foster care scholarship endowment fund shall be considered the principal. The release of moneys under subsection (4) of this section shall not constitute an invasion of the corpus.
(6) The foster care scholarship endowment fund shall be used solely for the purposes in this chapter, except when the conditional gift of private moneys in the endowment fund require a portion of the earnings on such moneys be reinvested in the endowment fund.
[ 2012 c 187 § 5; (2012 c 187 § 4 expired July 1, 2012); 2011 1st sp.s. c 11 § 218; 2007 c 73 § 3; 2005 c 215 § 7.]

NOTES:

Effective date2012 c 187 §§ 3 and 5: See note following RCW 28B.108.060.
Expiration date2012 c 187 §§ 2 and 4: See note following RCW 28B.108.060.
Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.



State matching fundsTransfer of funds from trust fund to endowment fund.

(1) The office may deposit twenty-five thousand dollars of state matching funds into the foster care scholarship endowment fund when the office can match state funds with an equal amount of private cash donations.
(2) After the initial match of twenty-five thousand dollars, state matching funds from the foster care endowed scholarship trust fund shall be released to the foster care scholarship endowment fund semiannually so long as there are funds available in the foster care endowed scholarship trust fund.

NOTES:

Effective date2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent2011 1st sp.s. c 11: See note following RCW 28B.76.020.